Brett Hartley Life Imagery LLC and Brett Hartley will be granted artistic license in relation to the locations used and the poses photographed. All images are edited at their discretion, and delivered images shall not include all images shot. Brett Hartley Life Imagery LLC and its members reserve the creative right to edit and release only those deemed professional in quality and within their artistic and creative standards. Creative freedom also includes the designing of albums, hardcover books and decorative art.
When it comes to images that have been converted to black and white, Brett Hartley Life Imagery LLC and its members choose for them to have that edit based on their artistic standards. The edits chosen represent the style of Brett Hartley which will not be altered. Brett Hartley will accept up to 10 (ten) images to be converted back to color at the request of the Client. All requests to change images must be made within one (1) week of image delivery. For any further edits, the Client will be required to pay an hourly fee of $250 per hour for any other conversion needs.
Furthermore, the Client acknowledges familiarity with the portfolio of Brett Hartley Life Imagery LLC and is requesting services with knowledge of Brett Hartley's style. Brett Hartley's work is constantly evolving, which is a reflection of his dedication to the field of photography and his commitment to grow as an artist. Brett Hartley's services are of unique, vibrant and creative nature. The photographs delivered may be different from photographs taken by Brett Hartley in the past. In creating the photographs, Brett Hartley will use his personal and artistic judgment to create and deliver photographs consistent with his personal vision of the event. Brett Hartley’s vision or perspective may be different from the Client's and/or the subject's vision of the event. Accordingly, the Client acknowledges that the photographs will not be subject to rejection on the base of taste or aesthetic criteria.
Brett Hartley Life Imagery LLC owns the copyright to the images taken. Brett Hartley Life Imagery LLC asks that the Client notify all vendors, hired by the Client for the event, that credit MUST be given to Brett Hartley for all images used for any promotional purposes, online AND in print.
The Client hereby allows Brett Hartley Life Imagery LLC to display any images taken pursuant to this contract in their studios, portfolios, literature, websites, competitions, exhibitions and advertising without written permission from the Client.
It is also asked that if images are posted on social media, that you give credit to Brett Hartley by tagging his Facebook page or his Instagram account - @bretthartleyphoto
At the beginning of the new calendar year, all RAW images will be archived. Additional edits will not be available. If the Client wishes to have any images re-edited, an unarchiving fee of $250 will apply, plus an hourly rate of $250 to any additional editing needs.
The information we collect and why we collect it;
How we use that information;
How we share information; and
The choices we offer.
Personally Identifiable Information That We Collect:
We may ask you for, or you may voluntarily submit, personally identifiable information when you are using the Service. The personally identifiable information which you may provide to us could include, but is not limited to:
Your contact information (including, without limitation, address and email address);
Your IP address; and
Other personal information.
Non-Personal Or Aggregate Information That We Collect: When you access our Service, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular geographical location) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.
It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at email@example.com.
We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:
We may share your personally identifiable information collected in connection with providing the Service.
We may use your personally identifiable information to respond to your inquires or requests.
We may share your personally identifiable information with third parties (collectively, the “Third Party Vendors”) to further the purpose for which you provided such information to us. For example, we may share your information with Elastic Email, for the purpose of sending emails.
We urge you to read the privacy practices of all of our Third Party Vendors before submitting any personally identifiable information through the Service. ·We may disclose personally identifiable information as required by law or legal process.
We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
We may transfer your personally identifiable information in connection with the sale or merger or change of control of Brett Hartley Life Imagery LLC or the division responsible for the services with which your personally identifiable information is associated.
We may share your personally identifiable information with an affiliate of Brett Hartley Life Imagery LLC who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
Non-personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.
Cookies and Similar Technologies:
If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.
Analytics and Conversion Tracking:
website activity and Internet usage.
We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.
Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.
Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.
The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.
We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.
Automatically Collected Information:
When you access the Service or open one of our HTML emails, we may automatically record certain information from your system by using cookies and other types of tracking technologies. This "automatically collected"; information may include Internet Protocol address ("IP Address"), a unique user ID, device type, device identifiers, browser types and language, referring and exit pages, platform type, version of software installed, system type, the content and pages that you access on the Service, the number of clicks, the amount of time spent on pages, the dates and times that you visit the Service, and other similar information. Depending on the law of your country of residence, your IP address may legally be considered personally identifiable information.
The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.
Your Disclosures In Blogs And Other Social Media:
You should be aware that personally identifiable information which you voluntarily include and transmit online on the Service or in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using the Service or any other online services you assume the risk that the personally identifiable information provided by you may be viewed
and used by third parties for any number of purposes.
Protection for Children:
We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.
As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.
Communications with Brett Hartley Life Imagery:
By using the Service, you expressly consent to receive in-product communications from us (including, without limitation, push notifications on the App).
Any phone calls and/or text messages delivered to your phone or device may cause you to incur extra data, text messaging, or other charges from your wireless carrier. MESSAGE AND DATA RATES MAY APPLY. You are solely responsible for any carrier charges incurred as a result of
phone and/or text communications from Brett Hartley Life Imagery LLC and from www.BrettHartley.com.
No Rights of Third Parties:
For questions or concerns relating to privacy, we can be contacted at firstname.lastname@example.org
LIMITATION OF LIABILITY
Brett Hartley Life Imagery LLC takes the utmost care with respect to exposure, editing and production of all the products and services offered. Every reasonable effort shall be made to assure Client satisfaction and produce outstanding photographs according to their professional standards. Brett Hartley Life Imagery LLC cannot be held—and by evidence of the payment submitted, the Client(s) hereby agree(s) not to hold Brett Hartley Life Imagery LLC or any of its members, staff or contracted workers, responsible for the lack of coverage due to Acts of God, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes, weather conditions, events that happen that are out of their control, schedule complications caused by but not limited to anyone in or at the session. Furthermore, Brett Hartley Life Imagery LLC and its members will not be held liable for loss or malfunctions of utilities, communications or computer (software and hardware) services. The Client is not entitled to a refund of any monies paid should the session be canceled due to the incidents outlined herein. Further, if Brett Hartley Life Imagery LLC and its members are unable to deliver photographic materials due to technological malfunctions, including but not limited to camera and processing, or otherwise lost or damaged without fault of Brett Hartley Life Imagery LLC or any of its members, staff or contracted workers, liability shall be limited. The limit of liability for partial loss of digital files shall be a prorated
amount of the images lost based on the percentage of the total number of digital files created.
The Client(s) agree(s) that Brett Hartley Life Imagery LLC will still receive payment for time worked regardless of location rules or restrictions. If Brett Hartley Life Imagery LLC members, staff or contracted workers believe their safety is at risk, they will leave the session and any payments made will not be refunded, and the Client so agrees.
The undersigned Client(s) acknowledge(s) Brett Hartley Life Imagery LLC members, staff and contracted workers are not responsible for lost photo opportunities due to refusal to abide by the recommended timeline, other cameras or flashes, lack of cooperation by any persons, the lateness of the session attendees, or other principles, nor is Brett Hartley Life Imagery LLC members, staff or contracted workers responsible for existing backgrounds or lighting conditions which may negatively impact or restrict the photography coverage. It is acknowledged that any lists submitted by the Client to Brett Hartley Life Imagery LLC for specific photos shall be used for organizational purposes only and in no way represent the photography that Brett Hartley Life Imagery LLC shall be obligated to produce. Brett Hartley Life Imagery LLC will do its best to fulfill all requests but can make no guarantees that all requested images will be delivered, and Client(s) hereby expressly acknowledge(s) this.
The Client releases, discharges, and agrees to save harmless Brett Hartley Life Imagery LLC members, staff, contracted workers and/or any persons acting under authority from Brett Hartley Life Imagery LLC from and against any liability as a result of any distortion, blurring or alteration, optical illusion, either intentionally or otherwise, that may occur or be produced in the taking, processing or reproduction of photographs.
If the Client wishes to purchase additional prints or merchandise online in addition to the session package “items” purchased, he or she can do so via the gallery link given to them. In submitting your payment, the Client understands that he or she is solely responsible for purchasing and ordering prints, wall art and merchandise at their own discretion. If the Client has any issues arising in regards to permissions for printing images, he/she may contact Brett Hartley Life Imagery LLC for assistance. Brett Hartley Life Imagery LLC asks that albums, books, canvases and prints be ordered through the website, www.BrettHartley.com, to preserve the quality of the images. Once payment is submitted, the Client hereby acknowledges that they have received, read and understood the above statements. The terms of this contract are between Brett Hartley Life Imagery LLC and the Client only. The Client agrees to all of the terms and conditions outlined above. By submitting your payment, you agree to these terms.